Legal Opinion

Pelican Point LLC v. Hoover

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2008PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered May 3, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted the petition seeking to annul the determination of the Town of Gorham Zoning Board of Appeals.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner operates a marina on three adjacent parcels of land on Canandaigua Lake, and Gerald and Roberta Ginsberg own the parcel directly south of petitioner’s…

2Cases cited4 opinions

  1. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  2. Toys" R" US v. SilvaNew York Court of Appeals · 1996
  3. New York Botanical Garden v. Board of Standards & AppealsNew York Court of Appeals · 1998
  4. Corigliano v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by6 opinions

  1. Young Development, Inc. v. Town of West SenecaAppellate Division of the Supreme Court of the State of New York · 2012
  2. DIETRICH, CRAIG R. v. PLANNING BOARD OF TOWN OF WEST SENEAppellate Division of the Supreme Court of the State of New York · 2014
  3. Dietrich v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2014
  4. Dietrich v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Mimassi v. Zoning Bd. of Appeals of Vil. of N.Y. MillsAppellate Division of the Supreme Court of the State of New York · 2023

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